In 2004, more than 80-percent of Florida voters passed Amendment 7, technically Article 10 Section 25 of Florida’s Constitution, commonly known as the “Patients’ Right to Know Act.” The amendment provides that “patients have a right to have access to any records made or received in the course of business…
The question often arises in civil cases as to which witnesses the Plaintiff’s lawyer is prohibited from communicating with outside the presence of the Defendant’s counsel. The answer is governed by Florida Rule of Professional Conduct 4-4.2. The Rule was put to the test in the context of a medical…
Uninsured Motorist (UM) coverage is 1st party insurance maintained for the benefit of individuals injured by uninsured motorists. See these blogs: Florida 4th in the Nation in Number of Uninsured Vehicles Florida Motor Vehicle Insurance Law: What is Stacked Coverage? “Full Coverage” Vehicle Accident Insurance in Florida An insurance policy…
Florida lawyers who represent individuals injured in accidents must be aware that some of the proceeds recovered in a case may have to be reimbursed to entities who have paid for accident-related medical care. If benefits were paid through an individual health insurance plan, whether and to what extent the…
Florida employers who maintain workers’ compensation insurance in accordance with the requirements of Chapter 440 of the Florida Statutes, generally are immune from being sued civilly for damages by employees injured in the course and scope of their employment. See Florida Statute 440.11. (For an explanation of the differences between…
The message reproduced below was written by Doug Eaton, current President of the Miami-Dade Justice Assocation, and published in the organization’s Spring 2011 newsletter. It is extremely well-written and addresses an issue of utmost importance to the residents of Florida. I agree wholeheartedly with the opinions expressed by Mr. Eaton.…
The Seminole Tribe of Florida is a sovereign nation within a nation. Under the Indian Reorganization Act of 1934, the Tribe is sovereignly immune unless (1) the tribal council waives its immunity, or (2) Congress abrogates the Tribe’s immunity. (Pursuant to the Seminole Tribe of Florida and State of Florida…
Hurray for the Miami Heat. Boo (and shame on) Micky Arinson, the billionaire owner of the Heat. Micky Arison also owns Carnival Corporation, the world’s largest cruise operator. While the company operates many of its ships from American ports, enjoying the laws and protections only America can afford, it hides…
Inflating airbags can cause serious harm or death. The damage occurs when the passenger’s head is struck by the airbag, which can travel at speeds up to 200 mph, before it has fully inflated. A vehicle’s “occupant protection system” (OPS) consists of airbags, belt/shoulder restraints, and seat tracks. If the…
Beware!!! These small, coin-sized batteries found in many home appliances and childrens’ toys can be hazardous and deadly. If swallowed, the consequences can be immediate and devastating. Occassionally, a swallowed battery will pass through the intestine. More often, the batteries become lodged in the throat or intestine and can release…